• Case transferred to Gujarat High Court

We have been fighting the subject property case at Sihor, Saurashtra court since 2005 for probate by one brother against entire family.

The Lok Adalat has given judgements in March 2025 in favor of us by rejecting probate.

My question: My wife is one of the respondents in this HC against her brother, who is petitioner. Other respondents are my wife's younger brother & younger sister.

We are staying at Koparkhairne, Navi Mumbai and it is not possible to go to Ahmedabad every month to appear as respondents as she is 68.

Is it possible to remain a part of beneficiary by not being able to visit Ahmedabad HC as she is suffering from Diabetes, BP and other health issues. We will pay 1/3 Advocate fees but traveling is to be avoided as we are only husband & wife staying together and are not capable to travel. I am 72, retired person.
Asked 5 days ago in Property Law
Religion: Hindu

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13 Answers

Personal appearance is not necessary in every date in civil case.  

2) you are represented by lawyer who will argue case in your behalf 

 

3) if necessary your lawyer may request you to remain present on few dates 

Ajay Sethi
Advocate, Mumbai
99995 Answers
8163 Consultations

Under Section 21 of the Legal Services Authorities Act, 1987, Lok Adalat awards are deemed to be final and binding, similar to a civil court decree, and no appeal lies against them. 

 

2)you can challenge a Lok Adalat award is by filing a Writ Petition under Article 226/227 of the Constitution of India before the High Court. 

3) If the settlement was obtained by playing fraud or concealing material facts.If the party was forced into the settlement, or if it was not a true "compromise" (as Lok Adalat requires consent).

Ajay Sethi
Advocate, Mumbai
99995 Answers
8163 Consultations

Your wife is not required to personally appear before the Gujarat High Court and can be represented entirely through her advocate...Her status as a beneficiary and respondent will not be affected due to non appearance caused by age and medical conditions...The High Court normally grants exemption from personal appearance to senior citizens suffering from health issues...Filing vakalatnama and authorising the advocate is sufficient to protect her legal rights.

Payment of advocate fees is adequate and travelling to Ahmedabad can be lawfully avoided unless the court specifically directs otherwise.

Mohammed Mujeeb
Advocate, Hyderabad
19380 Answers
32 Consultations

  1. Hire an Advocate: Your wife does not need to travel. She only needs to sign a Vakalatnama (power of attorney) for a lawyer in Ahmedabad to represent her.

  2. Request Virtual Hearing: If the judge ever needs to speak to her, your lawyer can request a Video Conferencing link so she can appear from your home in Navi Mumbai.

  3. Stay Joint: Share one lawyer with the other two siblings (respondents) to split the 1/3 fees and ensure your wife's share as a beneficiary is protected without leaving her house.

  4. Lok Adalat Status: Since Lok Adalat awards are usually final, your lawyer's main job is to ask the High Court to dismiss her brother's petition because the matter is already settled.

Your wife's rights remain 100% secure even if she never sets foot in the Ahmedabad court.

Shubham Goyal
Advocate, Delhi
2219 Answers
17 Consultations

Dear Sir,

In a probate matter before the Gujarat High Court:

  • Respondents are represented through advocates

  • Personal presence is required only if the Court specifically directs

  • Probate proceedings are document-based, not evidence-heavy for respondents

Your wife’s role is defensive, not prosecutorial.

What You Should Do (Practical & Legal Steps)

Engage an Advocate at Ahmedabad


Your wife must:

  • Execute a Vakalatnama in favour of a Gujarat High Court advocate

  • Once filed, the advocate’s appearance equals her presence

After this, she need not attend physically.

Kishan Dutt Kalaskar
Advocate, Bangalore
6246 Answers
501 Consultations

The appearance of parties before court on each and every date of hearing is not mandatory in civil court cases 

If you have engaged the services of an advocate, he or she will take care of the case, you may have to be in regular touch with the advocate over phone to become aware of the periodical developments and also to sign any papers whenever or whatever necessary. 

If you still want to monitor the case personally then you can authorise any close relatives with a power of attorney deed in his/her favor to represent your wife during the dates  of hearing

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

In general, you cannot “register a case” (fresh lawsuit/FIR) against a Lok Adalat judgment/award in the normal way, because a Lok Adalat award is treated as a final decree of a civil court and is binding on both parties.

However it can be challenged by the aggrieved person by filing a Writ Petition under Article 226/227 to challenge the Lok Adalat award only if there was fraud / misrepresentation or if there was no genuine consent or the award was passed without jurisdiction or if one party was not properly heard / forced of if the matter was not fit for Lok Adalat settlement. 

 If fraud is involved, courts may allow challenge through appropriate proceedings, but writ is the most common and effective route.

Lok Adalat award must be based on compromise/settlement.

 If there was no settlement, the award itself becomes questionable.

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

Yes only writ petition is maintainable

Prashant Nayak
Advocate, Mumbai
34675 Answers
249 Consultations

Lok Adalat judgment is not really a decision but recording of a settlement. In case the settlement did not happen as per your consent, you can always challenge it. 

Devika Mehra
Advocate, New Delhi
58 Answers

Yes, it is legally possible to challenge certain outcomes connected with Lok Adalat proceedings, but with important qualifications.
A Lok Adalat award is deemed to be a decree of a civil court under Section 21 of the Legal Services Authorities Act, 1987 and is final and binding on the parties. Ordinarily, no appeal lies against a Lok Adalat award, because it is based on consent or settlement.
However, the key issue is whether the Lok Adalat decision was truly a consent award.
If the probate petition was rejected by the Lok Adalat without a lawful compromise, or:
there was no valid consent of all parties,
the matter was not legally compoundable or fit for settlement,
or the Lok Adalat exceeded its jurisdiction by deciding disputed questions of fact without consent,
then the remedy is not a regular appeal, but a writ petition under Article 226/227 of the Constitution before the High Court challenging the Lok Adalat award on grounds of lack of jurisdiction, absence of consent, or procedural illegality. Courts have consistently held that a Lok Adalat cannot adjudicate on merits in the absence of settlement.
Now, coming to your second concern regarding personal appearance before the Gujarat High Court:
Your wife is not required to personally appear in the High Court on every date. In High Court proceedings:
Parties are represented through advocates.
Personal appearance of respondents is not mandatory unless the court specifically directs it.
Medical conditions, age, and distance are valid and sufficient reasons to avoid personal attendance.
Your wife can remain a full beneficiary and respondent in the proceedings while:
being represented through a duly engaged advocate in Gujarat High Court,
filing a vakalatnama in favour of the advocate,
and, if needed, placing a short medical exemption application or affidavit on record explaining age, health issues, and inability to travel.
Even affidavits can be sworn in Mumbai and filed through counsel at Ahmedabad. There is no legal prejudice caused merely because a respondent does not attend hearings personally.
In summary:
A Lok Adalat award cannot be appealed, but can be challenged by writ if it was not based on lawful consent.
Your wife does not lose any rights or benefits by not travelling to Ahmedabad.
Representation through counsel is sufficient.
Age and medical grounds are fully recognised by courts.

Yuganshu Sharma
Advocate, Delhi
1118 Answers
4 Consultations

Dear Client,

It is perfectly and legally within your wife’s rights to remain a beneficiary and a respondent in the High Court case without the physical necessity of the respondent’s attendance at the Ahmedabad court. In civil court cases in the High Court, the physical attendance of the respondent is unnecessary as the case is represented by the appointed advocate's Vakalatnama. Considering your wife’s age and conditions as mentioned above, the lawyer can easily represent the case without the personal involvement of the respondent. If at all a level of personal involvement is a necessity, the case can easily be argued by the lawyer, and an application can be filed to present your wife via video media or by presenting affidavits from Navi Mumbai. The Lok Adalat case result can only be re-questioned as a Writ Petition against the High Court on the following limited circumstances: fraud or the lack of mutual consent, and your wife’s involvement through the lawyer confirms the continuation of the 1/3rd ownership rights.
I hope this answer helps; if you have any further questions, please don't hesitate to contact us. Thank you.

Anik Miu
Advocate, Bangalore
11072 Answers
125 Consultations

- Your appearance is not needed on every date of hearing , and even it can be represented by your lawyer 

who can update you 

- The judgement /order passed in Lok Adhalat is not challengeable simply , however a Writ petition can be filed on sufficient grounds. 

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

Regarding your wife's physical presence, the law recognizes genuine hardship. You can file an application under Section 205 of the Code of Criminal Procedure (CrPC) or a similar prayer in a civil matter, requesting exemption from personal appearance before the Gujarat High Court on medical grounds. This must be supported by a detailed medical certificate from a registered doctor outlining her conditions (Diabetes, BP) and stating that travel is inadvisable. The court typically allows such pleas, permitting her to be represented solely by her advocate. Your offer to contribute to advocate fees is a practical arrangement; her legal rights as a beneficiary are protected through her lawyer's representation and written submissions.

No, you cannot directly appeal against or "register a case" to challenge a judgment/ award passed by a Lok Adalat. A Lok Adalat award is deemed a decree of a civil court under the Legal Services Authorities Act, 1987, and is final and binding on all parties. It is not appealable in the traditional sense. However, a very limited recourse is available: you can challenge it by filing a writ petition before the High Court under Article 226/227 of the Constitution, but only on grounds of fraud, misrepresentation, or if the award was passed without jurisdiction or in violation of principles of natural justice. Merely being dissatisfied with the outcome is not a valid ground.

Lalit Saxena
Advocate, Sonbhadra
140 Answers

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